Obligation to Register, Declare or Notify

3. All CMOs, irrespective of the bundle of rights administered, rely on rights holders to register with their respective societies (apply for membership), declare or notify the details of their works (or a part interest in works) and disclose their interest in contracts/agreements to their respective societies.

In the absence of clear information relating to the above, the subsequent fair and equitable division of distributable income between the different rights holders in the said works will be very difficult to achieve. Many CMOs today offer the possibility of either manual or electronic affiliation or registration by members/rights holders with their society including the simultaneous declaration of their works (for both national as well as international declaration).

6.2 Databases

4. To ensure that good administration is effected, each CMO must establish extensive national database operations around the required information highlighted above. It is assumed at this stage that the CMO’s mandates for specific rights administered in particular works have been established (bundles of rights and works), for example performing rights or reproduction rights in musical/audio-visual works (and whether these are full or limited

235 See further on mandatory collective management Ficsor M ‘Collective Management of Copyright and Related Rights from the Viewpoint of International Norms and the Acquis Communautaire’, in Gervais D Collective Management of Copyright and Related Rights (Kluwer Law International The Netherlands 2010) at 42 – 60.

mandates).²³⁶ Each CMO maintains a database of national members/rights holders. In the case of CMOs administering musical and audio-visual works, societies which are members of the federations, BIEM and CISAC, have created international tools facilitating the provision and exchange of key data regarding their members/rights holders. Please refer to the paragraph titled International Co-operation below.

5. In establishing the national members’/rights holders’ works documentation database, there may be practically at least three subsidiary databases:

the (i) single works database; the (ii) composite works (sound carrier and/

or audio-visual/film carrier files) database; and the (iii) contracts database (of agreements between authors and publishers, domestic publisher administration agreements and international publisher agreements – general catalogue or specific) in respect of musical works and any relevant agreements between directors, scriptwriters and producers or other rights holders in the case of audio-visual works).

6.2.1 Member/Rights Holder/CMO Representation Data Base

6. A CMO’s membership data base would normally contain important business information about the member, rights holder or represented CMO; be they a natural person (composer, author, director, scriptwriter etc.), an incorporated business (such as a music publisher etc.) or an international business

affiliate. The data elements or information frequently included in this national member, rights holder or represented CMO data base are:

a. Domestic members/rights holders

Name of composer, author, publisher, director, scriptwriter (containing full individual, business or trading names); pseudonym/stage name (if any);

national identity number (including date of birth or death) or company registration number; nationality; internal member number; IPI number – if issued (see paragraph below on International Co-operation); capacity or role of member (composer, author, translator, arranger, original publisher, sub-publisher; director, scriptwriter, producer); category of membership (where applicable), status of member (for example – voting or non-voting); date of expiry of membership (where applicable); member’s address and contact details (physical, postal, electronic address/email, telephone numbers); country of residence; representation or management information; payee name (for distributions); payee bank account details etc.

236 For example, rights holders may have granted the CMO only the performing rights mandate or possibly also certain reproduction rights mandates. Both of these mandates may be in full or limited, for example reproduction rights in musical works may exclude phono-mechanical rights.

b. Affiliated CMOs/International rights holders

Name of affiliated CMO/International rights holder; company registration number; Registered address details (physical, postal, electronic addresses/

email, telephone numbers); Country of CMO residence; bundle of rights covered by representation agreements and territory involved; payee name (for distributions); payee bank account details etc.

6.2.2 Works Databases – Musical works

7. Depending on individual circumstances, CMOs often create a number of national databases involving musical works. The primary database of individual songs and instrumental works (or the master database) and the other databases for those works included in either sound or audio-visual carriers (CDs/DVDs/Films etc.). A CMO normally commences with the population of its national works data followed by the addition of data of foreign works which it represents and are active in its territory. Data elements or information frequently included in the above mentioned databases are:

a. Domestic individual works

Original title, sub-title (if any); rights holders and the division of fees details (composer, author, publisher etc.); duration (in minutes and seconds);

genre of work; instrumentation; date of composition; internal work number; ISWC number – if issued (see paragraph below on International Co-operation); name/s of recording artist or band (if commercially released); producer catalogue number and ISRC (international standard recording code number where available).

b. Sound and audio-visual carriers (i) Sound carriers/albums

Title of album and alternative titles (if any); name of featured artist or band; producer catalogue number; format type (CD, LP, ELP, Tape etc.); production year; list of titles appearing on the carrier/album;

rights holders (composer, author, publisher etc.).

(ii) Audio-visual carriers

Title of audio-visual work/DVD/Film; duration of work; type of work (one-off movie, series etc.); series and episode numbers; featured actors; production country and year; internal work number; list by title of all musical works cues; duration (in minutes and seconds) of cues;

rights holders and the division of fees details for each cue (composer, author, publisher etc.).

c. Foreign works

Often data relating to works of members/rights holders belonging to affiliated CMOs is supplied either by the local representative publisher or directly by those CMOs through electronic data exchange or by accessing these details from international databases (see paragraph titled International Co-operation below).

6.2.3 Works Databases – Audio-visual works

8. Data elements or information frequently included in these databases are:

Title of Audio-visual work/DVD/Film; duration of work; type of work (one off movie, series etc.); series and episode numbers; featured actors; production country and year; rights holders (directors, scriptwriter, producer etc.);

production country and year; internal work number; ISAN number – if issued (see paragraph below on International Co-operation).